Q: Cousin died. No estate, will, or probate. How can I cash check payable to him.

A: You will need to probate your cousin's estate and be named as personal representative in order to cash a check made out to your cousin. It will need to be deposited into an estate account and disbursed to your cousin's heirs.

A: In California, if the total value of the deceased person's assets (including the check) is less than $166,250, you may be able to use a simplified process called a "small estate affidavit" to claim the assets without going through probate. Here's what you can do:

1. Obtain an Affidavit for Collection of Personal Property (California Probate Code Section 13100). You can find this form online or at a legal stationery store.

2. Fill out the affidavit, which will require information about the deceased, their assets, and your relationship to them.

3. Attach a certified copy of the death certificate to the affidavit.

4. Present the completed affidavit and the check to the bank or financial institution where the deceased held the account.

The bank should then release the funds to you. If the bank is still unwilling to cash the check, you may need to open a small estate with the probate court and become the estate's administrator. This process is more involved and may require the assistance of an attorney.

Another option is to contact the issuer of the check and request that they reissue it in your name as the personal representative of the estate. They may require a copy of the death certificate and an affidavit or other documentation proving your relationship to the deceased.

If these options do not work, consult with a probate attorney for further guidance on how to proceed based on your specific circumstances.